Documents/OSHRC/1: Dispute Adjudication

1: Dispute Adjudication

To assure fair, just, and expeditious adjudication of disputes brought before the Commission and its judges.

Other Information:

Strategies for Improving Public Service The Review Commission’s strategy for achieving its public service goal is to continue to pursue the expeditious disposition of cases while delivering quality service to the public through a variety of means. COMMISSION AND ALJ LEVELS Develop procedures for case processing and decision quality. Implement changes in the agency’s revised Rules of Procedures to improve case processing. COMMISSION-LEVEL Focus on the disposition of older cases, with the immediate aim of reducing the existing backlog and the eventual goal that no case will sit for more than nine months on review. Expedite the disposition of priority cases that require rapid action (e.g., cases that are to be remanded back to the ALJ level, court remands, interlocutory reviews, and Rule 60(b) cases), such that they are disposed of within six months on review. Implement internal targets to assist in the preparation of cases and issuance of Commission decisions. Accelerate processing of cases through a variety of efforts, including early intervention of Commissioners’ counsels, computerization of changes to draft decisions and development of strategies to resolve cases when there are only two Commission members. Expand use of teams and staff meetings in the Office of the General Counsel to reduce the time needed to write decisional memoranda and draft decisions. Develop new methods to shorten case preparation time. Develop case processing measures for employees assigned to cases and ensure that individual performance plans support priorities in the Review Commission’s strategic and annual performance plans. ALJ HEARING LEVEL Expedite the assignment of cases to judges. Use objective criteria to determine complex cases and track the processing of these cases. Monitor closely case performance, and improve case management information systems and reports. Conduct early review and screening of potentially difficult cases to expedite the disposition of such cases. Provide training to all judges on a variety of subjects, including technical and legal issues, legal writing, case management, and alternative dispute resolution (ADR) to help them develop services and processes equal to the very best in judicial arenas. Implement the improved and expanded dispute resolution processes (i.e., Mandatory Settlement and Simplified Proceedings) to expedite case processing. Continue to use a team of judges to handle, on a rotational basis, extremely complex cases, and assign appropriate staff to timely process and monitor such cases, including settlement discussions. Consultation Planning Process In developing this plan, the agency relied on extensive analysis of case processing procedures, case processing statistics from its case tracking system, the fiscal year 2004 performance report, and the agency’s internal progress reports for the fiscal year 2005 performance plan. The agency also reviewed plans of other Federal adjudicative agencies during the drafting stage of our plan. The Review Commission will submit copies of the updated plan to Congressional committees, post the plan on its Internet website, and distribute the plan to the trade press, trade associations, labor unions, the OSHA Bar, and the Department of Labor. Program Evaluation Over the next several years the agency plans to conduct evaluations and continue ongoing evaluations that will provide information the agency can use to improve its operations, processes, and procedures. The program evaluations required under GPRA will be included in each of our annual performance budgets. The agency’s evaluation schedule is noted below: Evaluate the case management/tracking system. Evaluate electronic filing of legal documents. Evaluate the security of information technology systems and security management measures used for addressing security issues annually. Audit financial statements annually.

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